Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1887-01-14

W
refused to permit it to be taken apart.
This was fatal before jury-as fatal as
the failure Of the counsel to attempt to
show where their client was that night
| from to O'Clock. Later on in the story
OF this crime this watch-key reappears with
even more dramatic fatality. It was the
| envelope directed to T. j. Cluverius. sent
by Lillian from room No. 81 on the morn
ing of the fatal day that brought Cluverius
: into the case, The officers went to King
William and arrested him at his aunt g
house. On their way there they had plan
ned to look at his watch-chain and see If
there was key there, aud when they first
saw him and missed the key from his chain
they exchanged glances.
CONVICTED BY HIMSELF.
When Cluverius was arrested, he evil
IDENTIFY thought all his plans had worked
well and that there was nothing to con-
meet him with the dead woman. She had,
doubtless by his advice, spent the night
before leaving Mrs. Dickinson's for Rich
mond, in burning all the letters she had
received from him. Nothing was left to
tell OF his connection with her Richmond
visit. She, too thought she had burned
all, but in spreading paper over the bot
tom of her trunk she had left under 1t by
accident the vulgar letter in his hand
writing and the. Laura Curtis letter. Of
this he knew nothing. He thought she
was at the bottom of the reservoir, or if
i "a o.,lI ,oA Io
scattered her clothing and she having
travelled under an assumed name. Indeed,
she could not have been identified, even
after discovery had not he carried her
shawl good distance from the reservoir
and thrown it on fence. 1t was news
paper description of the shawl which at
tracted the attention of a young lady who
had seen Lillian wear it. that induced her
to go to see the body and easily identify
it. OF this also ne knew nothing. When
the warrant for his arrest was read to him
he replied with his first unlucky lie, II
didn't even see her when [ was in Rich
mond. - Later, he told to the officers an
equally unlucky one. Speaking Of the
night of the murder. he said, cit will be
easy enough for me to prove where was.
Every place went to [ met somebody
that knew me-" He denied, too, that he
had ever worn watch key to the end of
the chain from which the key had been
broken, Butswitnesses on the trial sWOre
,, he had, and identified the key found at
the reservoir as his. Some scratches he
had on his hand he told the officers was an
eruption. His father. however, testified
that they were made by his falling against
a fence. The counsel for the defense
made as strong fight as could be made
for a client who would neither let them
attempt to prove an alibi nor let them
attempt to prove to a certainty that the
fatal watch key found at the spot of the
murder was not his property.
THE CONVECTION
It was on Tuesday night, June 4, 1885,
nearly three months after the deed was
committed that Cluverius was convicted.
Each juror, something unusual in grave
cases, put in ballot of Murder in the
first degree" on the very first ballot
For the sake Of appearances they
stald in the jury room few min
utes longer. When they came in with
their verdict and it was announced,
Cluverius did not finch nor move mus
Gle. A great crowd followed after the
carriage in which he was taken back to
Jail, shouting vociferousiY. He remarked
to an officer, "They shout as if John W.
Daniel was speaking" AS he entered the
Jail voice in the crowd cried, Good
night, Cousin Tommie!'' Cluverius turn
ed and gave a CHASTITY smile, but said moth
ing. His conduct In the jail after con-
viction was as imperturbable as it had al
ways been. He was sentenced to be hung
in November, but an appeal was taken to
the Supreme Court.
THE REJECTION OF THE APPEAL.
The Supreme CoHrt of Appeals at
Wytheville, in May, 1885, decided, by four
to one. that the conviction of Thomas j.
Cluverius of murder in the first degree Of
Fannie Lillian Madison, by the Hastings
Court, was warranted by the evidence,
and that no defect in the trial could be
found to warrant giving new trial.
Judge Fauntleroy read the opinion. The
opinion of the court rejecting Cluverus's
appeal rejected all of the bills of exception
presented by his counsel. There were
nine of them. One because a iuryman
was rejected by the judge because be had
made bet about the result of the trial;
one because Of the rejection of juror for
having expressed an opinion about Cir
cumstantial evidence; one as to che man
ner OF impanneling the jury; one because
the torn note written by Lillian and ad-
dressed to T. J. Cluverius had been ad-
mltted as evidence; another because the
Laura Curtis" letter had been admitted;
and four others of not great Importance.
In the opinion Judges Fauntleroy and
Lewis fully cOncurred, Judges Richardson
and Lacey concurred as to the result, and
only Judge Hinton dissented. The fol-
lowing are the closing paragraphs Of the
opinion:
eve have reviewed this most volumin.
GUS record. Of the proceedings of the
Hastings Court in this protracted and
difficult trial. and we find no error of law
or OF fact which would justify this appel
late court in interfering with the verdict
Of the jury or the judgment of the court.
1.-THE prisoner has had. a fair and i'm
partial trial. He has been defended both
in the Hastings Court and in this court
of review, by able, experienced and most
faithful counsel, and the law has been
INDICATED in the result.
"Justice to the prisoner and mercy to
all the innocent public, whom the impu-
nifty and second offence of the prisoner
would taftnr-oail alika danaan that ho